Obama could still force Merrick Garland onto court during ‘intersession recess’

Obama could still force Merrick Garland onto court during ‘intersession recess’

White House photo.

What are the odds that Barack Obama will move to push Judge Merrick Garland onto the U.S. Supreme Court on today during a five-minute intermission during which the U. S. Senate gavels out the 114th Congress and gavels in the 115th Congress?

The Washington Times by Stephen Dinan

…Obama’s moment will come just before noon, in the five minutes that the Senate gavels the 114th Congress out of session and the time the 115th Congress begins.

In those few moments the Senate will go into what’s known as an “intersession recess,” creating one golden moment when the president could test his recess-appointment powers by sending Judge Garland to the high court.

A smattering of activists has asked him to give it a try, but Mr. Obama has given no indication that he’s thinking about it. The White House didn’t respond to a request for comment for this story.

The move would be a legal gamble under the high court’s last ruling in 2014 on recess appointments. That 9-0 decision overturned a handful of Mr. Obama’s early 2012 picks, saying the Senate was actually in session when the president acted, so he couldn’t use his powers.

William G. Ross, a law professor at Samford University in Birmingham, Alabama, said Mr. Obama would have the power to elevate Judge Garland. But he said it would be “politically unwise and damaging to the prestige of the court”[…]

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If Obama were to make such a move, Garland would be out at the end of 2017 or sooner once the U. S. Senate confirms Justice Scalia’s predecessor as selected by president-elect, Donald J. Trump.

A risky move but will he try it?  Progressives and Obama’s media propagandists are hoping that the despot will throw yet another poison pill at the incoming administration while thumbing his nose yet again at due process and liberty.


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